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(영문) 서울동부지방법원 2017.10.13 2017고정953
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Lone Star Co., Ltd.

On April 17, 2017, the Defendant driven a van on the 15:40 on April 17, 2017, and led to the following roads of the Asan Hospital located in 43:8-gil, Songpa-gu, Seoul Olympic Games, to proceed in the direction of the westline from the west bank.

In this case, the driver of the vehicle has a duty of care to check whether the driver of the vehicle is a person standing the crosswalk, to accurately manipulate the steering gear and the brake system, to prevent the accident in advance.

Nevertheless, the defendant was negligent in driving the crosswalk by neglecting it and received the right shoulder of the victim C(20) who has a crosswalk in the right side of the crosswalk from the left side of the course.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in a shoulder pipe that requires approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. A fine not exceeding 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Pronouncement of Sentence (see, e., Supreme Court Decision 2006Da1548, Apr. 2, 201

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